08 November 2018
3486

The procedure for obtaining land (instruction)

 

 

Getting land

 

ACQUISITION OF THE LAND

 

Decree of the President of the Republic of Kazakhstan dated May 6, 2016 No. 248 "On the introduction of a moratorium on the use of certain norms of land legislation"

By December 31, 2021, introduce a moratorium on:

1) the application of the norms of the Law of the Republic of Kazakhstan of November 2, 2015 "On Amendments and Amendments to the Land Code of the Republic of Kazakhstan";

2) granting to foreigners, stateless persons, foreign legal entities, as well as legal entities, in the authorized capital of which the share of foreigners, stateless persons, foreign legal entities is more than fifty percent, temporary land use rights under the terms of lease of agricultural land plots;

3) the granting of the right of private ownership of agricultural land plots owned by the state to individuals and legal entities.

 

General concepts

 

Land in the Republic of Kazakhstan may be in public and private property.

The right of land use can be permanent or temporary, alienable or inalienable, acquired on a paid or free basis.

 

Subjects of ownership:

 

1) the subject of state ownership - RK;

2) the subject of the right of private property - citizens and non-state legal entities (citizens are citizens of the Republic of Kazakhstan, foreigners and stateless persons, unless otherwise established by the Land Code of the Republic of Kazakhstan).

 

Ownership of a land plot arises by:

 

1) the provision of property rights;

2) transfer of ownership;

3) transfer of ownership in the order of universal succession (inheritance, reorganization of a legal entity).

 

Subjects of land use rights:

 

Land users are divided into:

1) state and non-state;

2) national and foreign;

3) individuals and legal entities;

4) permanent and temporary;

5) primary and secondary.

 

Land use rights arise through:

 

1) provision of land use rights;

2) transfer of land use rights;

3) the transfer of land use rights in the order of universal succession (inheritance, reorganization of a legal entity).

 

Responsible state bodies exercising regulation and functions in the field of land relations:

 

The central authorized body for land management - MNE of RK.

 

Private land owned by non-state legal entities of the Republic of Kazakhstan may be land plots allocated for commercial agricultural production, afforestation, for construction or built-up production and non-production, including residential, buildings (buildings, structures) and their complexes, including land intended for maintenance buildings (buildings, structures) in accordance with their purpose.

 

Agricultural land plots owned by the state can be provided to individuals and legal entities on the basis of land use rights and (or) on the right of private property *.

 

On the right of permanent land use, land plots are provided to the following state land users:

 

1) to legal entities owning buildings (buildings, structures), premises in condominium facilities with the right of economic management or the right of operational management;

2) to legal entities engaged in agricultural and forestry production, as well as for research, experimental and educational purposes;

3) to legal entities engaged in land use on the lands of specially protected natural territories;

4) in other cases stipulated by the legislative acts of the Republic of Kazakhstan.

 

The right of temporary compensated (short-term and long-term) land use (lease) of a land plot may be granted to citizens, non-state legal entities, as well as international organizations.

 

For non-state legal entities of the Republic of Kazakhstan the right to lease for the conduct of commercial agricultural production is granted for a period of up to 49 years.

Granting land to foreign nationals

 

Foreigners, stateless persons, as well as foreign legal entities enjoy rights and bear obligations in land legal relations on an equal basis with citizens and legal entities of the Republic of Kazakhstan.

 

Land Allocated to Foreign Citizens In Private Property

 

During the temporary land use (lease) for a period of up to 25 years

 

In the form of state natural grants 18

 

Foreigners, stateless persons and foreign legal entities (non-state):

- under construction;

- built-up production and non-production, including residential, buildings and their complexes, including land intended for the maintenance of buildings in accordance with their purpose.

To foreigners, stateless persons, foreign legal entities, as well as legal entities, in the authorized capital of which the share of foreigners is more than 50%: *

- agricultural land

(land plots for commercial agricultural production, afforestation, auxiliary farming).

 

 

Legal entity of the Republic of Kazakhstan:

- land plots provided on the right of temporary gratuitous land use for the implementation of an investment project with the subsequent gratuitous transfer to ownership or land use.

 

 

* Decree No. 248 of May 6, 2016 "On the introduction of a moratorium on the use of certain norms of land legislation" until December 31, 2016

 

The provision of land in the ownership or land use, which are state-owned

 

Authority providing land:

local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of cities of district significance, settlements, villages, rural districts (hereinafter referred to as local executive authorities).

 

Granting Procedure **:

 

** With the exception of land put up for bidding (contests, auctions) and the following cases: the provision of land for the construction of facilities and construction of the facility within the precincts of the village, as well as sites not related to construction.

1) acceptance for consideration of an application for the granting of an appropriate right to a land plot;

2) determining the possibility of using the requested land for the stated purpose in accordance with the territorial zoning;

3) preliminary selection of a land plot (when requesting a land plot for construction of facilities, with the exception of construction of facilities within the boundaries of a settlement);

4) preparation of the conclusion of the commission created by the relevant local executive bodies on the provision of land;

5) development and approval of land management project;

6) the decision of the local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the city of regional significance, settlement, village, rural district on the granting of the right to a land plot;

7) the conclusion of the contract of sale or temporary (short-term, long-term) compensated (gratuitous) land use;

8) the establishment of the boundaries of the land on the ground;

9) the production and issuance of an identification document for a land plot, with the exception of a land plot intended for the construction of objects within a settlement.

 

Identification documents for a land plot issued by republican state enterprises engaged in maintaining the state land cadaster:

 

in case of private ownership of a land plot - an act on the right of private ownership of a land plot;

in case of permanent land use - an act on the right of permanent land use;

in case of temporary paid land use (lease) - an act for the right of temporary paid (long-term, short-term) land use (lease);

in the case of temporary free land use - an act on the right of temporary free land use.

 

Acquisition of the right to land plots owned by the state at tenders (competitions, auctions)

 

3.1 The granting of land plots or the right to lease land plots that are state-owned and not provided for land use is carried out at tenders (competitions, auctions), except for cases when the land plot or the right to lease a land plot is granted:

 

1) for the implementation of investment projects;

2) foreign states and international organizations in accordance with international treaties;

3) to state land users of the Republic of Kazakhstan;

4) to persons who have won tenders for the construction of facilities, conducted by government bodies, and when such construction requires the provision of land directly to specified persons;

5) individuals and legal entities for the operation and maintenance of buildings owned by them and (or) other real rights, including for the expansion and reconstruction of buildings in the adjacent territory in accordance with the approved architectural, town planning and (or) construction documentation;

6) for the purposes of subsoil use on the basis of a contract concluded in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use;

7) as state natural grants based on a contract concluded in accordance with the legislation of the Republic of Kazakhstan in the field of investments;

8) a participant of the FEZ, an autonomous cluster fund and a management company in accordance with the legislation of the Republic of Kazakhstan on the FEZ;

8-1) from the land of the water fund occupied by territorial waters for the construction of artificial structures;

9) for the needs of rail, road, sea and inland water, air, pipeline transport, for the needs of communications and energy, as well as for the construction of other objects of national importance;

10) for the construction of facilities stipulated by the documents of the State Planning System of the Republic of Kazakhstan, investment projects ensuring state interests and the achievement of socially significant goals;

11) research centers with international participation and domestic industrial enterprises;

12) to concessionaires for the implementation of concession projects;

13) subjects of industrial and innovative activities for the implementation of industrial and innovative projects.

Agricultural land plots for which the term of temporary land use expires are put up for bidding (tenders, auctions) only in the event that the temporary land user refuses to conclude an agreement on temporary land use for a new term.

Foreigners and stateless persons - the winners of tenders (competitions, auctions) land for conducting commercial agricultural production, afforestation, auxiliary agriculture